Virginia resident suffers severe TBI in DC accident — $2,020,000 settlement

Type of action: Auto accident

Injuries alleged: Severe traumatic brain injury, skull fractures, left leg fractures, acute hypoxemic respiratory failure, pneumonia, blood clotting in legs, systemic inflammatory response syndrome and severe headaches

Court: U.S. District Court for the District of Columbia

Date resolved: 8/23/2024

Special damages: Approximately $1,200,000

Demand: $2,000,000

Verdict or settlement: Settlement

Amount: $2,020,000

Attorneys for plaintiff: Boris Kuperman and David Salzer, Fairfax; Brian T. Mohs, Atlanta, Georgia

Description of case: Plaintiff, a Virginia resident, attended a bar/restaurant in Washington, D.C., where he was overserved alcoholic beverages. His tab was approximately $400 for 12 alcoholic beverages in less than three hours. Later that evening, after exiting the bar/restaurant, plaintiff was struck by a motor vehicle while crossing a street in a highly intoxicated state. As a result of the collision, his body was thrown into the air and down the street.

Upon admittance to the hospital, his blood alcohol level was measured at 0.229, more than three times the legal limit allowable for drivers. As a result of the collision, plaintiff suffered a severe head injury involving a fractured skull, subdural hematomas and brain hemorrhages. The brain injuries necessitated the implementation of a BOLT device for intracranial pressure monitoring, which was installed by drilling a hole through his skull.

Several days post-collision, a decompressive hemicraniectomy brain surgery was performed to relieve intracranial pressure, which involved the removal of a portion of plaintiff’s skull. Plaintiff was in a coma for three weeks post-collision. Plaintiff also suffered fractures to the femur, tibia and fibula bones of his left leg. The fractures required surgical intervention and the implementation of a permanent rod and screws. His hospital stay was also complicated by acute hypoxemic respiratory failure, aspiration pneumonia, delirium, blood clotting in his legs and severe pain. As part of his recovery, he would also require a second brain surgery to install an implant to replace the portion of his skull that had been removed.

Boris Kuperman, counsel for the plaintiff, provided case information.

[024-T-113]